1. Applicant's Name: a. Application Date: 22 October 2015 b. Date Received: 28 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions to honorable (however, applicant has a general, under honorable conditions discharge per his DD214); the board will still consider for upgrade to honorable. The applicant seeks relief contending, in effect, his hazing incident caused him to give up, stop caring and started smoking weed. He was young and did not know his rights. He was molested, constantly harassed, scared for his life and his chain of command did not follow protocols to protect him. He was discharged without a GI Bill or medical benefits. Before these incidents he was an exemplary Soldier. Per the Board's Medical Officer, based on the information available for review at the time, the applicant may have mitigating behavioral health conditions for the offenses which led to his separation from the Army. Extensive EPTS behavioral, substance, and legal (juvenile) history and noted unreported 'blanket party'. The electronic medical records (AHLTA) were reviewed with clinical encounters from June 2005 thru November 2005 (note: AHLTA implementation began in 2003). Clinical notes reviewed from June 2004 thru September 2005. Radiology results reviewed from July and August 2005 (left ankle - nondisplaced chip fracture of the navicular bone). Laboratory results reviewed from July 2004 thru September 2005. Behavioral health (BH) visits on 2, 3, 10, 16 August 2005 and later with impression of adjustment disorder with disturbance of emotions and conduct, cannabis abuse, and rule out antisocial personality disorder. Broke down due to mother's colon surgery 2 weeks prior to marijuana use, prior 'blanket party'/stomped by peers but did not report it. Reports the negative attitude of peers has him certain he wants a discharge. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records note that applicant is not known to them. In a records review conducted at Arlington, VA on 1 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, PARA 14-12C(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 21 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2005 (2) Basis for Separation: The applicant received a FG Article 15 on 14 September 2005 for wrongful use of marijuana, wrongful possession of prescription medication, six dereliction of duty, disrespect to an NCO, false official statement, and violating a lawful general regulation. (3) Recommended Characterization: Under Other Than Honorable (4) Legal Consultation Date: 9 November 2005 (5) Administrative Separation Board: Conditionally waived, 9 November 2005, contingent upon him receiving a characterization of service of no less than general (under honorable conditions). (6) Separation Decision Date / Characterization: 15 November 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 March 2004 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 44B10, Metal Worker / 1 year, 8 months, 28 days. d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 14 September 2005, for wrongfully using marijuana (between on or about 12 July 2005 and 12 August 2005); with intent to deceive, make a false official statement to SSG C. (12 August 2005); dereliction of duty on divers occasions (7 March 2005, 8 July 2005 and 12 August 2005). The punishment consisted of a reduction to E-1, forfeiture of $618 pay per month for two months, and 45 days of extra duty and restrictions. The applicant received numerous negative counseling statements for various unsatisfactorily behavior. The evidence of records contain a positive drug test coded (IR) inspection random dated 12 August 2005, for Tetrahydrocannabinol (THC). U.S. Army Crime Records Center Memorandum, dated 15 February 2017, reflects there was no information pertinent to this case pertaining to the applicant, which can be considered a "no record" response for USACIDC records pursuant to the Privacy Act and the Freedom of Information Act. Report of Mental Status Evaluation, dated 27 October 2005, see Case Separation File pg 40 i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter and a reference audiogram. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c (2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant contends, his hazing incident caused him to give up, stop caring and started smoking weed. While the applicant may believe his stressful situation at work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant also contends, he was young and did not know his rights. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant further contends, he was molested, constantly harassed, scared for his life and his chain of command did not follow protocols to protect him. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly treated. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. In fact, the applicant's Articles 15 and numerous negative counseling statements justify his discharge for misconduct. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant moreover contends, he was discharged without a GI Bill or medical benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant furthermore contends, before these incidents he was an exemplary Soldier; however, by regulation an UOTHC discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for him receiving a GD instead of the normal UOTHC discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017528 1